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The Canberra Times
The Canberra Times
Mardi Borg

Dad warned children he would hurt them if they exposed indecent assaults: prosecutor

A father allegedly threatened to hurt his children if they told anyone that he had indecently assaulted them, a jury has heard.

The 53-year-old father, who cannot be named to protect the identity of his children, faced the first day of his jury trial in the ACT Supreme Court on Monday, August 17.

He has pleaded not guilty to multiple charges, including committing an act of indecency without consent, sexual intercourse with a child under 10 and making a threat to kill.

In her opening address to the jurors, prosecutor Amanda Mifsud said the father is accused of indecently assaulting his son and two daughters on separate occasions.

In a recorded police interview played to the jury, the son said he told his mother shortly after the first alleged assault, which allegedly occurred in a kitchen.

He recalled her replying, "Yeah, all right, I will have a talk with him."

The jury heard that when the mother confronted the father, he allegedly replied, "No, I didn't, I never would."

Following the alleged kitchen assault, the court heard the man allegedly indecently assaulted his son a further three times in a bedroom while the boy was "kicking and screaming".

The man's ACT Supreme Court trial began on Monday. Picture by Karleen Minney

Months later, the father allegedly raped his son and later held a hunting knife to his throat while threatening to kill him.

The father is also accused of indecently assaulting his two daughters, who were under 16 at the time, in a car on separate occasions, as well as sexually assaulting one of them in a bedroom while threatening to hurt her if she spoke out.

Ms Mifsud said the mother went to police after learning of the three children's allegations.

In his opening address to the jurors, defence barrister James Walker said the evidence will fail to prove beyond a reasonable doubt that his client committed any of the alleged offences.

He noted that during a police interview, the father called the claims "bullshit" and said, "I just can't believe this, I don't know why they are doing this."

He pointed out there was no CCTV footage, no forensic or medical evidence, and no child abuse material on the man's phone that would suggest he had an interest in children.

Mr Walker said the allegations surfaced amid a marriage breakdown within a dysfunctional family dynamic and, while jurors would hear evidence of the man sometimes getting angry, swearing, and using physical discipline, no evidence would show he committed sexual offences against his children.

He added that jurors would hear that, during their 15-year relationship, the man's ex-wife had never observed him displaying a sexual interest in children.

Mr Walker indicated that as the trial unfolded, he expected evidence will be presented to the jury that would raise doubts about the reliability of the children's claims.

The trial before Justice Belinda Baker continues.

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